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LSDefine
Simple English definitions for legal terms
fair-cross-section requirement
Read a random definition: Texas v. Johnson (1989)
A quick definition of fair-cross-section requirement:
The fair-cross-section requirement is a rule in the Constitution that says a person's right to a fair jury includes having a pool of potential jurors that represents the population of the area where the trial is happening. This means that no group should be left out or have too few people in the pool. It's okay if the pool isn't exactly the same as the population, but it should be fair. If there is a small difference, it might not be a problem unless there is a good reason for it.
A more thorough explanation:
The fair-cross-section requirement is a principle in constitutional law that ensures a person's right to an impartial jury, as guaranteed by the Sixth Amendment. This principle requires that the pool of potential jurors represents the composition of the jurisdiction's population fairly.
For example, if a jurisdiction has a population that is 50% male and 50% female, the pool of potential jurors should also reflect this gender balance. The representation of each group must be fair, and no group should be systematically excluded or underrepresented.
However, a minimal disparity in a particular group's representation, such as an absolute disparity of 10%, will not ordinarily violate this principle unless some aggravating factor exists. This means that a slight difference in the representation of a particular group may not necessarily be a violation of the fair-cross-section requirement.
The Duren test, absolute disparity, comparative disparity, and statistical-decision theory are all related concepts that help to determine whether the fair-cross-section requirement has been met.